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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV- 2012 -006 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF A POSSIBLE VIOLATION BY AGC RESOURCES, LLC AND <br />FORFEITURE FOR FAILING TO COMPLY WITH THE CONDITIONS OF <br />AN ORDER, PERMIT OR REGULATION, File No. M- 1983 -141 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on February 8, 2012 in Denver, Colorado to consider a possible violation by AGC <br />Resources, LLC ( "Operator "), revocation, and forfeiture for failing to comply with <br />the conditions of an order, permit, or regulation, file number M- 1983 -141. <br />Michael Cunningham appeared on behalf of the Division of Reclamation, Mining <br />and Safety ( "Division "). There were no appearances on behalf of the Operator. <br />Mark Steen, purporting to represent the owners of the land underlying the site at <br />issue, entered an appearance. <br />The Board, having considered the materials presented with this matter and <br />having been otherwise fully informed of the facts in this matter, hereby enters <br />the following: <br />FINDINGS OF FACT <br />1. The Operator holds a 110(2) permit for a 9.83 -acre gold and silver <br />mining operation. The site, known collectively as the Cash and Who Do Mines, is <br />located in Section 12, SE 1/4, Township 1 North, Range 72 West, 6th Principal <br />Meridian, 10 miles northwest of Boulder, Colorado in Boulder County. <br />2. On December 21, 2004, the Division conducted an inspection of the site <br />and found that the 3rd level adit was discharging mine water. In April 2007, the <br />Division approved a surface and groundwater monitoring plan through Technical <br />Revision 06 to permit number M- 1983 -141. Under Technical Revision 06, the <br />Operator is required to submit Annual Water Monitoring Reports to the Division <br />with the Annual Report. <br />3. On May 5, 2009, the Division inspected the site and found that an <br />unapproved secondary escape -way had been constructed outside the permit boundary. <br />The Division required the Operator to conduct a survey and determine whether the <br />secondary escape -way had been constructed outside the permit boundary. <br />